Rajendran v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Rajendran ... Petitioner vs.

1. The Sub-Registrar Thuraiyoor Sub Registrar Office, Thuraiyur, Trichy District.

2. Sivasubramaniyan

3. Sekar

4. Ravi Mani ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, the 1st respondent to cancel the sale deed executed by the petitioner to the 3rd and 4th respondent vide documents no. 6325/2015 dated 23.09.2015 and consequentially the 3rd and 4th respondent executed a sale deed to the 2nd respondent vide Doc no. 2601/2017 dated 13.07.2017 are Null and void on the file of Sub Registrar, Thuraiyur or dispose the same according to law within a time stipulated by this Court. For Petitioner : Mr. M.Ramkumar For R1 : Mr.D.Sasikumar Additional Government Pleader For R2 :Mr.H.Lakshmishankar For R3 & R4 :Mr.R.Gowrishankar 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorari, the 1st respondent to cancel the sale deed executed by the petitioner to the 3rd and 4th respondent vide documents no. 6325/2015 dated 23.09.2015 and consequentially the 3rd and 4th respondent executed a sale deed to the 2nd respondent vide Doc no. 2601/2017 dated 13.07.2017 are Null and void on the file of Sub Registrar, Thuraiyur or dispose the same according to law within a time stipulated by this Court.

2. Heard the learned counsel appearing on either side and perused the materials placed on record.

3. It is the case of the petitioner that he had executed a formal sale deed to the 3rd and 4th respondents vide sale deed No. 6325/2015 dated 23.09.2015 and on the same day the 3rd and 4th respondents had jointly executed a unregistered agreement for Rs.10 lakhs stating that the above said sale deed was not executed upon the terms of sale deed but on the terms of the unregistered deed. The further case of the petitioner is that the 3rd and 4th respondents had executed a forged sale deed to the 2nd respondent vide sale deed No.2601/2017 dated 13.07.2017. Therefore, this petitioner has filed this writ petition to cancel the aforesaid sale deeds.

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4.It is seen that the very Section 77(A) inserted under Registration Act is struck down by the Division Bench of this Court in W.P.No.10291 of 2022 batch. That apart fraudulent transaction cannot be gone into by the authorities, which has to be established in the manner known to law before the civil Court as per Satya Pal Anand v. State of M.P.[ 2016 10 SCC 767] and G. Rajasulochana v Inspector General made in W.P 29706 of 2024 dated 16.04.2024. Accordingly, this Writ Petition is dismissed. No costs.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Ksa To The Sub-Registrar Thuraiyoor Sub Registrar Office, Thuraiyur, Trichy District.

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S.SRIMATHY , J.

Ksa ORDER MADE IN DATED : 08.08.2025 4/4